IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest Flashcards
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Read the first 7 IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest flashcards as text
A notary is presented with a document that contains obvious blank spaces intended to be completed after notarization. The signer insists the blanks will be filled in later. What should the notary do?
Answer: Refuse to notarize until all material blanks are completed
Notarizing a document with material blank spaces exposes the document to fraudulent alterations; Illinois notaries should refuse until blanks are filled.
Under Illinois law, a notary is prohibited from certifying copies of which type of document?
Answer: Vital records such as birth, death, or marriage certificates issued by government agencies
Illinois notaries may not certify copies of vital records; certified copies of these documents must be obtained from the issuing government agency.
A signer appears visibly intoxicated when presenting a document for notarization. The notary should:
Answer: Refuse to notarize because the signer may lack the mental capacity to sign willingly and knowingly
Notarizing for a signer who lacks mental capacity due to intoxication is a prohibited act; the signer must be aware and willing at the time of notarization.
A notary is asked to notarize a signature on a document that the notary believes may be fraudulent. The notary should:
Answer: Refuse to notarize and, if appropriate, report suspected fraud to law enforcement
A notary who has reasonable grounds to believe a document is fraudulent should refuse to notarize and may report the matter to law enforcement.
An Illinois notary notarizes her own signature on a power of attorney naming herself as agent. This act is:
Answer: Prohibited because a notary cannot notarize her own signature
Self-notarization—notarizing one's own signature—is expressly prohibited under Illinois law regardless of the document type.
Which scenario represents a notary acting outside the authorized scope of a notarial act under Illinois law?
Answer: Drafting a power of attorney form for a client to sign
Drafting legal documents for clients is the practice of law, which is outside the scope of a notary's authorized duties.
A notary refuses to notarize a document for a customer because of the customer's national origin. Under Illinois law, this refusal is:
Answer: A prohibited discriminatory act violating Illinois human rights law
Illinois notaries must serve all eligible signers without discrimination; refusing service based on national origin violates the Illinois Human Rights Act.